CITY ATTORNEY: MAYOR ACTED BEYOND POWERS

Mayor Bob Filner acted beyond his legal powers in March when he ordered a halt to work on an apartment complex in the College Area, according to a legal opinion on Monday by the City Attorney’s Office.

The opinion noted the project had already received the necessary city approvals.

The mixed-use project, being built by Centrepoint at 63rd Street and El Cajon Boulevard, calls for 332 units and 10,000 square feet of commercial space. After it was approved, neighbors complained to Filner and City Councilwoman Marti Emerald that the building was going to be used as a dormitory rather than an apartment complex, with rents paid by the bed rather than by the unit.

Filner issued an “administrative hold” on the project March 22 in response to the complaints. That meant work couldn’t proceed without city inspectors overseeing it. Centrepoint sued last month, and the two sides reached a settlement May 24. The developer agreed to rent by the unit, among other concessions.

Assistant City Attorney Paul Cooper reviewed the matter and determined the mayor cannot unilaterally stop a development project using an administrative hold after permits have been properly issued.

Cooper said that if an approved project needs to be halted, a stop-work order can be issued by the mayor but not without the approval of the City Attorney’s Office. A developer would then also get an opportunity to appeal.

None of that happened in the Centrepoint case.

“There is nothing in the law that permits the mayor to bypass this process and circumvent the required approval of the City Attorney’s Office,” Cooper wrote. “Failing to follow the proper process when stopping an otherwise permitted development project may subject the city to liability and damages.”

Mayoral spokeswoman Irene McCormack said, “We do not comment on things that should be privileged communication to the mayor.”